* By Biswaranjan Rath* Deputy Director,* Revenue Officers’ Training Institute

*

Background & Legal Framework

Record of Rights (RoRs) and maps are finally published or deemedto be published under the Odisha Survey & Settlement Act,1958.

RoRs and maps so published require continuous maintenance andupdation for effecting the changes arising due to various reasons.

These changes are effected through mutation proceedings under theauthority of the Odisha Survey & Settlement Rules,1962( see chapter-IV of the rules)

Tahasildars including additional Tahasildars have been empoweredto effect mutation after observing certain legal procedures.

Govt. have also authorized the Revenue Inspectors to dispose ofun-contested mutation cases subject to confirmation by thetahasildar.

The Odisha Mutation Manual is a set of exhaustiveprocedures/instructions for any mutation proceeding and suchprocedures are to be scrupulously observed.

The procedures contained in the manual are executive innature and cannot override the provision of the principal Actand the relevant rules.

The manual came into existence in 1962 and is the principalguide book for the purpose.

In addition to the procedures laid down in the manual, theGovt. have issued a number of executive instructions in shapeof circulars and orders for clarifying doubts and confusion inthe matter of mutation proceedings.

There are several key judgements of the Hon’ble HighCourt, Odisha and the Supreme Court of India relating to theinterpretation of various provisions of the principal act and therules thereunder and have a bearing upon the mutationproceedings

Salient FeaturesDivided into Six Chapters Containing 122 Paragraphs of Instructions

and 25 Appendices Containing Extracts of Different Rules,Procedures, Various Forms of Registers, Periodical Returns, Notices,

Court Diary, Intimation Slips, etc.

CHAPTER-I

(PARA 1 TO11)

COVERSTHE

GENERALINSTRUCTI

ONSRELATING

TO THEMANUALAND THE

PROCESS OFMUTATION

CHAPTER-II(PARA 12 TO 16)COVERS THE

APPOINTMENTOF

TAHASILDAR,HIS DUTIES

ANDRESPONSIBILI

TIES ASMUTATIONOFFICER,

DISTRIBUTIONOF WORK

AMONG THEMUTATIONOFFICERS

CHAPTER-III(PARA 17 TO

91)

DEALSEXTENSIVELY

IN THEMANNER ANDPROCESS OFINITIATION

ANDDISPOSAL OF

CASES BYTAHASILDARS- MOST VITALPART OF THE

MANUALN.B.:- PARA -54 HAS

BEEN DELETED.

CHAPTER –IV

(PARA 92 TO114)

RELATESTO THE

INSTRUCTIONS ON

APPEALS,REVISIONS

ANDREVIEWS

CHAPTER-V(PARA 115

TO 117)

COVERSTHE

ACCOUNTING

PROCEDURE

CHAPTER-VI

(PARA 118TO 122)

DEALS INVARIOUSREGISTERS AND

RETURNS

Entries in RoR Usually Modified ThroughMutation :

Addition or deletion of the name/s of the tenant at col. 3 due totransfer, partition, death, relinquishment etc.

The area or the extent of land recorded under any plot underpermissible grounds. The classification of any plot due topermissible reasons

Any change in the rent and other charges for irrigation payableby each tenant

Addition or deletion of any special conditions or incidencts, ifany of the tenancy arising out of legal process

Insertion or deletion of contents in the remark column

The Grounds on Which Correction of RoR and Maps is to bemade ( Rule- 34 of OSS Rules,1962)

On application of persons interested - Rule 34(a)

By decree in a civil suit, an entry has been declared erroneous -Rule 34(b)That being founded on a decree or order of a civil court or order of acompetent authority , the entry there in is not in accordance with such decreeor order - Rule 34(c)

Any such decree or order has subsequently been varied onappeal, revision or review- rule 34(d)

Any entry has no relationship with the existing facts - Rule34(e)

Any change is necessitated in the RoR by preparation of asurvey record under chapter-ii of the OSS Act,1958 - Rule 34(f)

The Process Flow In Mutation Proceeding :Initiation and The Grounds For Initiation.

On application of persons interested(PARA 17(1)(a)

On a report furnished by any sub-ordinate officers (para17(1)(b)

On receipt of intimation from registrar/sub-registrar(para17(1)(c)

On receipt of intimation from a court(para 17(1)(d)

On receipt of intimation on acquisition of land under the L.A.Act; (para 17(1) (e ) or

On his own motion(para 17(1) (f)

The Process Flow In Mutation Proceeding :Registration Of Mutation Proceeding, Initiation of Case Record and Verification of RoR(Para 29):

On-line Process:• Entry of details of application or intimation or notice in register

of mutation• Entry of details of the case in mutation module of bhulekh

software• Generation of order sheet, general notice, individual notice;• Transmission to RI for disposal

OFF-LINE (MANUAL) PROCESS:

• Entry of details of application or intimation or noticein register of mutation

• Verification of RoR by the record keeper• If required, transmission to the RI for disposal

The Process Flow In Mutation Proceeding :Action at RI Level on Receipt of Cases from the Tahasil:

Local inquiry into possession, and if required drawing thegeneology of deceased RT/s;

Issue of general notice in the village proper and individualnotices to person/s having interest in the land (para 36,37,38);

If no objection is received, the case is to be disposed of as un-contested (para 47);

All disposed of and contested cases are transmitted to theTahasildar for further action.

THE PROCESS FLOW IN MUTATION PROCEEDING :

ACTION AT TAHASIL LEVEL ON RECEIPT OF CASE RECORD FROM RI:

If un-contestedthe order of the riis to be examinedand confirmed/rejected by anorder ( ref: letterno.6564 dtd.16.02.04 ofRevenue Deptt.Read with letterno. 537 dtd.25.05.04BoR,Odisha.

If contested, the case is to bedisposed of after observingthe required formalities,viz., Hearing of theobjection after due serviceof notice to the objector/s,and other person/s havinginterert in the matter (para36,37,38) and field/localinquiry, if required.

When anapplication formutation is allowedthe relevant entryin the ror need to becorrected in therecord room afterthe expiry of 45days from the dateof final order bythe Tahasildar

The Process Flow In Mutation Proceeding :Correction Of RoR and Map (Para 75 To 91) :

Correction of RoR (including map) is to be made as per the order passed in a mutation caseafter expiry of 45 days from the date of final order and after the mutation fee wheneverpayable to govt. has been paid and changes in the entries in the RoR are to be carried outunder due attestation of the Tahasildar (see para – 75);

When appeal or revision have been preferred against the final order in a case ,the RoR can only be corrected after such appeal or revision are finalized (seepara – 76);

After correction of RoR, an intimation slip in the form given in appendix – 20 of the manualis to be issued to the Revneue Inspector concerned in duplicate and if a plot is sub-dividedan auntheticated sketch map is also to be supplied (see para – 84);

The Revenue Inspector is required to return one copy of the intimation slip with anendorsement that he has retained a copy of the slip(see para -84). He is also required tocorrect the copy of ror in his office under his own attestaion , keep the slips in a guard fileand maintain a register of changes in the form given in appendix – 21 ( see para 85 to 87).

The Process Flow In Mutation Proceeding :Appeals, Revision And Reviews ( Rule – 42,42 A & 43 Of Oss Rules, 1962 Read WithPara 92 To 114) :

An appeal against any final order made by the Tahasildar under rule 41 shall lay before the sub-collector ( rule -42)

The period of limitation of filing such appeal is 30 days from the date of order appealed against.

Rule- 42 a permits the collector to call for and examine records , on his own motion or otherwise, of anyproceeding in which orders have been passed under rule 34,42 and 43 by the tahasildar or sub-collector inrespect of any govt. Land for the purpose of satisfying himself that any such order was not passed undermistake of fact or owing to any fraud or mis-represenataion or on account of any material irregularity ofprocedure and may pass such order thereon as he thinks proper after hearing the person/s likely to be affctedby his order.

Rule -43 provides for review by an officer of his own order passed under chapter –iv of the ruleson grounds of any mistakes or error apparent on the face of the records.

The period of limitation for requesting such action by a person aggrieved by the original order is30 days.

Essential Ingredients For Mutation:

Prima facie title coupled with possession is sufficient to meritfull recognition in the Record of Rights (para 47)

Title flows through :

Transfer by registered deeds of sale/gift/partition,

Succession as per applicable law & customs,

Decree or order of competent court

Possession is characterized by open physicaloccupation of land in a locality

Mutation : Certain Judicial Observations:

Mutation is a fiscal process of updating the RoR and map. Itneither creates nor extinguishes right,title and interest .

The mutation officer has no authority to adjudicate upon issuesviz., Right,title, interest of any nature as this power is not vested inhim by law.

Mutation is a judicial process and all the records are to bemaintained systematically and preserved permanently.

Order of mutation based on untrue evidence has no evidentiaryvalue in civil suit

What is the Duty of Tahasildar as a Mutation Officer ?

It is the duty of the tahasildar to see that :

Changes to be effected are genuine in nature and are permissible underthe law.

All the required formalities as required under the rules have beenobserved in the case.

No person/s having interest in the entry in the RoR- that is sought to be changedby any mutation proceeding - is prejudiced due to any act of ommission orcommisision of the mutation court or its officials.

In case of contested cases, the contesting parties are to be given sufficientopportunity of being heard in the matter.

The order of rejection of, any application for mutation or, any objection in anysuch matter, is to be supported by cogent grounds recorded in writing and thesaid order should be in full knowledge of the applicant or the objector as the casemay be.

What Is The Duty Of Tahasildar As A Mutation Officer ?

... And also to ensure that :

Cases involving no prima facie title and no possession are dis-allowed.

Absolute caution is exercised when the land involved in mutation is foundrecorded in government khata or with bebandobasti/gharabari satwa orstatus.

The proposed mutation is barred due to :

• Currency of survey & settlement /consolidation of holding operation.• Cause of action has arisen before the date of final publication.• Further proceeding is expressly stayed/barred by higher/competent court.• Application for mutation is based on void/voidable / illegal transactions.• Land is non-transferable or non-heritable under certain laws.

Maintenance of Registers and Submission of Returns

Para -118 of the manual prescribes nine separate registers areto be maintained at tahasil level.

Similarly as per para – 119 A register of appeal is required tobe maintained by the appellate court

The Revenue Inspector is required to maintain two registers asprescribed under para – 120 .

A return is required to be submitted to the collector by thetahasildar on the third day of every month in the form givenin appendix- 25

Timely Disposal Of Mutation Cases Vis-à-vis

The Odisha Right To Public Services Act, 2012 and

The E-district Project

Govt. are making all out efforts to ensure time bound delivery of certainservices to the citizens through progressive legislations.

The recently introduced ORTPS Act, 2012 makes it mandatory for an un-contested mutation proceeding to be disposed of within 90 days (excluding 45days for correction of ror).

Failure to comply with this provision invites penalty ranging from Rs. 250 per day ofdelay subject to maximum of Rs. 5000/= in each case where negligence is evident onthe part of a defaulting official.

Therefore utmost promptitude is required of all the officials involved in theprocess of mutation.

Similarly through the e-district project the process of filing application formutation/ receipt of the notice from the office of the registrar/sub-registrar isbeing automated.

How To Ensure Speedy Disposal Of Mutation Cases:

Devising a good strategy keeping in view the resources available and proper division oflabour among the sub-ordinate staff to ensure timely completion of tasks given.

Prompt & regular institution of mutation proceeding without waiting for thecases to pile up.

Timely verification of RoR in tahasil office and regular despatch to the RI fordisposal.

Making arrangement for prompt service of general notice and individualnotice.

Regular monitoring of the disposal of cases by the RI andconfirmation/approval of the RI’s order in camp court.

Timely correction of RoR and maps and delivery of RoR to the applicant.

*Concluding Remarks:

The process or the job of mutation should not beviewed in isolation as it is affected by the operation ofseveral important statutes viz. OSS Act, 1958/ OLRact,1960 / Odisha regulation 2 of 1956 / OCH & PFLAct,1972 , etc.

The power of mutation enjoined upon the revenueofficials is to be exercised in fair , equitable,transparent, judicious, and meticulous manner.